Republican Herald

United States Congress.

HOUSE OF REPRESENTATIVES

Thursday, April 17.

Mr. Jarvis asked leave to offer a resolution for the appointment of a Committee to investigate the affairs of the Banks in this District, which have suspended specie payments, with a view to ascertain the cause of their having done so.

Mr. Chilton called up the consideration of the resolution, calling upon the President to submit to Congress the project of a National Bank, and demanded the Yeas and Nays upon the motion to suspend the rule to allow of its consideration.

They were taken, and stood as follows: Yeas, 60: Nays, 112. So the House refused to consider.

The bill making appropriation for property lost, destroyed and captured by the enemy during the late war, was, as amended, ordered to its third reading.

On motion of Mr. Polk, the House then went again into Committee of the Whole, on the state of the Union, Mr. Hubbard in the Chair, and resumed the consideration of the general appropriation bill, which was debated with much spirit until 5 o'clock.

Repeated motions having been previously made, without success, for the rising of the Committee; the Committee then rose, having considered but three more of the items of Mr. Vance's amendments, viz: to reduce the salary of the Commissioner of the General Land Office to $2000 (from $3000) which was negatived, 77 to 55; to reduce the salaries of the Clerks in the Departments 25 per cent, which also was negatived, 85 to 43; and to reduce the salaries of all officers of the Customs to the same rate, and to prohibit them ever exceeding $32.10.

This item is still under consideration.

The House then adjourned.

IN SENATE—FRIDAY, April 18.

Resolutions were presented from the Pennsylvania Legislature, on the subject of a general standard of weights and measures. Read and referred.

A memorial was presented from Prince George's County, Md. complaining of the removal of the Deposites, and against the restoration of the Deposites, &c. Also, five others from sundry persons in Pittsford, Seneca Falls, and Rensselaer, N. Y. on the subject of the charter of the U. S. Bank. Referred to the Committee of Finance, and ordered to be printed.

The Senate then resumed the discussion of the motion not to receive the message of the President on the resolution of the 27th ult.

Mr. Leigh addressed the Senate for about two hours, when he was interrupted by hisses and plaudits in the gallery. The discussion was then suspended by the Vice President, the Sergeant-at-Arms ordered to clear the gallery, and the disturbance was repeated while the order was being executed.

Mr. Benton moved that those who disturbed the Senate, should be arrested.

After considerable debate on this motion, between Messrs. Benton, Moore, Clayton, Bell, and others, in which it was advocated on the ground of the gross insult offered to the Senate, and opposed on the ground that the person or persons could not be arrested, but on a general warrant, which the Senate had no power to issue, the discussion was brought to a stand, by a motion to adjourn, and thus left in statu quo.

The Senate then adjourned to Monday; previous to which, however,

Mr. Wilkins moved that the Senate proceed to the consideration of Executive business.

This motion was resisted by Mr. Clayton, on the ground that it did not become the Senate to transact any other Executive business until the present debate should have terminated, and the communication of the President be disposed of.

Mr. Calhoun and Mr. Sprague followed on the same side and Mr. Wilkins explained that his only object was to consider a treaty which would require ratification in a few days. He subsequently withdrew his motion, giving notice that he should renew it on Monday, after the Senator from Ohio should have concluded his remarks.

HOUSE OF REPRESENTATIVES.

Mr. Heath rose and remarked, that, as one of the guardians of the People's interest on this floor, he felt it to be his duty to make an effort to secure their money, and which induced him to offer a resolution.

As to the money already taken from the United States Bank he never expected its return, and his object now was to secure all that would be received hereafter. He therefore asked leave to submit the following resolution:

Resolved, That the Secretary of the Treasury be directed to deposit in the Bank of the United States and its Branches—from the first of May next, and until the expiration of its charter, all the accruing resources of the Government.

Objection being made to granting leave, Mr. H. moved to suspend the rules for the purpose of enabling him to offer this resolution.

Mr. Williams demanded the Yeas and Nays; which were ordered, and being taken, stood as follows: Yeas 83, Nays 89. Not being two-thirds, the House of course refused to suspend the rules, to allow the resolution of Mr. Heath to be proposed.

Mr. Lincoln asked leave to offer a resolution calling on the Postmaster General for information having a bearing on the debate of the Appropriation Bill.

Objection being made, Mr. L. moved to suspend the rules so as to allow him to move it; but the House refused. Ayes 78. Noes not counted.

Mr. Jarvis now renewed the request he had made yesterday, for leave to introduce a resolution for inquiry into the state of the banks within the District of Columbia which have suspended specie payments.

Objection being made, the rules were suspended—ayes 181, nays 22, and the resolution was offered.

Mr. Hardin said he had an amendment to offer, but before it was read, the morning hour expired: and the resolution and amendment lie over.

Mr. Polk now moved to suspend, by general consent the consideration of private bills, (to which this day in the week is appropriated) to go into Committee on the appropriation bill.

On this motion Mr. McKim demanded the yeas and nays. They were taken accordingly, and stood as follows: Yeas 31, Nays 68. So the House refused to suspend the rules.

THE PUBLIC TREASURE

Mr. Wise, of Virginia, now asked leave to offer the following resolutions:

Resolved, That the custody and control of the money of the United States, not appropriated by law, is, by the Constitution, placed under the order and direction of the Congress of the United States.

Resolved, That no change of the Constitution of the United States is necessary to authorize the Congress of the United States to entrust the custody of the public money, not appropriated by law, whenever or howsoever obtained, to other agency than that of the Executive department, and that the public money must not be, necessarily, under the custody of the Executive department.

Resolved, That Congress can take out of the hands of the Executive department the custody of the public money, without an assumption of Executive power or a subversion of the first principles of the Constitution, by the repeal and enactment of such laws as may be necessary to that end.

Objection being made, Mr. Wise moved to suspend the rules of the House, and asked the yeas and nays, whereupon Mr. Love, moved a call of the House which was agreed to.

The names of the members being called over, it appeared that 140 members were present.

The absentees were then called over, when it appeared that 163 members had answered to their names.

The doors of the house were then closed, and the names of absentees being again called, excuses were offered by their colleagues or friends. Most were excused; in a few cases, the house refused to admit the excuses offered as sufficient, and for some, no excuses were given, but they were uniformly negatived. At length, on repeated attempts were made to suspend the call: motion, those members who were waiting at the doors, were permitted to enter. There were now 171 members present.

Ordered to notify those who were still absent, and members within reach, that the house was sitting with closed doors, and demanded their attendance.

It was understood, and stated, that many of them were in the Senate Chamber.

After much desultory conversation, and an unsuccessful motion to adjourn (lost by 4 votes only,) the call was at length suspended, and the doors of the house thrown open.

Mr. Reed now moved an adjournment. On this, Mr. Beardsley demanded the yeas and nay. The motion, however, was withdrawn—

When Mr. Wise renewed his motion to suspend the rules of the house, in order to offer his resolutions.

On this motion Mr. Beardsley demanded the Yeas and Nays. They were ordered, and stood so follows:

Yeas—Messrs. John Q. Adams, Heman Allen, C. Arnold, William S. Allen, Archer, Ashley, Bank, Barnitz, Bates, Baylies, Beale, Bently, James M. Berry, Berrien, Berringer, Bell, Bouldin, Briggs, Bull, Burges, Bynum, Cage, Campbell, Chambers, Chilton, Claiborne, William Clark, Clayton, Clowney, Connor, Corwin, Coulter, Crane, Crockett, Darlington, Warren R. Davis, A. Davis, Deberry, Denny, Dickson, Duncan, Ellsworth, Evans, Edward Everett, Horace Everett, Ewing, Fillmore, Foot, Foster, P. C. Fuller, Fulton, Gamble, Garland, Gholson, Gilmer, Gordon, Gorham, Graham, Grenell, Griffin, Hiland Hall, Hardin, Jas. Harper, Hazeltine, Heath, Hiester, Jabez W. Huntington, W. C. Johnson, King, Lay, Lewis, Lincoln, Love, Martindale, Marshall, John T. More, Patton, Patterson, D. J. Pearre, Peyton, Y. Mason, McCarthy, McComas, McKennan, Mercer, Pinckney, Pote, Ramsay, Reed, Selden, A. H. Shepperd, Slade, Spangler, Stewart, Stoddert, William P. Taylor, P. Thomas, Tweedy, Vance, Vinton, Watmough, Elisha Whittlesey, Wilde, Williams, Wilson, Wise, Young—103.

Nays—Messrs. John Adams, Anthony, Bean, Beardsley, Beaumont, John Blair, Bockee, Boon, Bunch, Cambreleng, Carr, Casey, Chaney, S. Clark, Clay, Coffee, Cramer, Day, Dickinson, Dunlap, Foster, Fowler, Wm. K. Fuller, Galbraith, Gillet, Jos Hall, T. H. Hall, Halsey, Hannegan, J. M. Harper, Harrison, Hathaway, Hawkins, Howell, Hubbard, Abel J. Huntington, Inge, Jarvis, R. M. Johnson, Noadiah Johnson, Cave Johnson, Seaborn Jones, Benj. Jones, Kavanagh, Kinnard, Lane, Lansing, Laporte, Lawrence, Lea, Lee, Leavitt, Loyall, Lucas, Lyon, Lytle, Abijah Mann, J. K. Mann, Mardis, Moses Mason, McIntyre, McKay, McKim, McKinley, McLene, McVean, Milligan, Murphy, Osborne, Page, Parks, Parker, F. Pierce, Pierson, Plummer, Polk, Pope, Schenck, Schley, Smith, Speight, Standifer, Wm. Taylor, Thomson, Turrill, Vanderpool, Van Nest, Wagener, Ward, Wardwell, Webster, Whallon, C. P. White—93.

Two-thirds not having voted in the affirmative, the rules were not suspended.

Mr. Wise then gave notice, that he should renew the same motion every day, until leave should be given to introduce the resolutions.

Mr. Peyton, of Tennessee, asked for a suspension of the rules, to enable him to offer the following resolutions:

Resolved, That the President of the United States in the late Executive proceedings in relation to the Public Revenue, has not assumed upon himself authority and power not conferred by the Constitution and Laws, but that he has acted in conformity to both.

Resolved, That the Senate of the U. States, in a late resolution passed by that body, in the words following, to wit: Resolved, That the President, in the late Executive proceedings in relation to the public revenue, has assumed upon himself authority and power not conferred by the Constitution and laws, but in derogation of both, have, by that resolution, not with a view to legislative action, but as a solemn censure upon the President, infringed upon the rightful and legitimate powers and prerogatives of the House of Representatives.

Resolved, That Congress have the power, by law, to select the places of depositing the public money and providing for its safe keeping.

The resolutions having been read, a very strong sensation was evinced by a large portion of the House: when Mr. Peyton withdrew them; but gave notice that he should continue to offer them whenever those of Mr. Wise were offered.

The House then adjourned, at 3 o'clock.

Saturday, 19th April, 1834.

The Senate did not sit to-day. In the House, Mr. Clayton, of Georgia, obtained leave to submit a resolution for raising a Committee of seven to inquire and report as to the expediency of reducing the salaries of all officers in the employ of the Federal Government.

Mr. Clayton said he was prompted to this measure by the consideration that many members who were unwilling to vote for a reduction of salaries, as an amendment to the Appropriation bill, had expressed their willingness to support a separate resolution to the same effect. It was obvious, he said, that the amendment proposed by the gentleman from Ohio (Mr. Vance) would not succeed, and he presented the subject singly, so as to obtain a fair test of the question.

At the suggestion of Mr. Jarvis, the resolution was modified so as to embrace an inquiry into the expediency of increasing those salaries which might be deemed insufficient.

On motion of Mr. Plummer, the resolution was further modified so as to include an inquiry into the expediency of reducing the daily pay of members of Congress.

On motion of Mr. Hardin, who remarked, that from the mileage accounts of members, the Western States might be supposed to extend beyond the Rocky Mountains, and some Southern States to embrace old and new California—the resolution was further modified so as to embrace the mileage as well as the daily pay of members of Congress.

The resolution, as modified, was then adopted by an almost unanimous vote—ayes 183, noes 2.—So there remains no doubt that the Retrenchment hobby is still to be ridden very hard.

The House appears to be very anxious to possess itself of the subject of the President's Protest. I have very little doubt that it is the intention of the majority, at some time before the close of the session, to adopt resolutions similar to those proposed by Mr. Peyton, affirming the President's views as presented in his Protest Message.

Mr. Wise, of Virginia, renewed his motion for the suspension of the Rules in order to enable him to offer his resolutions, regulating the doctrines of the President, and defining the limits of Executive power and of Legislative power, in relation to the custody and control of the public money. The motion failed, though it had a majority of 8; it requiring a vote of two-thirds to suspend a rule.

Mr. Peyton then renewed his motion for leave to offer his counter resolutions on the same subject, remarking that it was now evident that the subject must come under the consideration of the House.—The motion was rejected, ayes 96, noes 95—(not two-thirds)

Neither of these votes were strictly party votes.

The remainder of the sitting was occupied with private business, and chiefly by a discussion of the bill compensating Susan Decatur (widow of the late Commodore Stephen Decatur) and others, for the destruction of the frigate Philadelphia in the harbor of Tripoli. There is no appearance that the bill will meet with any more favor than it has formerly.

Mr. Clay will, it is said, return to the city on Tuesday next. Mr. Webster, Mr. Preston and Mr. Forsyth, will also, no doubt, be here at that time. The discussion in the Senate, upon the reception of the President's Protest Message, will, it is thought, continue for several weeks, during which time neither Appropriation nor Executive business will be attended to, nor even any of the contemplated Bank Projects.

IN SENATE—MONDAY, April 21.

A Message was received from the President of the United States, by the hands of Mr. Donelson, explanatory of some of the expressions and arguments contained in his Message and Protest, communicated last week, which was read.

To the Senate of the United States:

Having reason to believe that certain passages contained in my Message and Protest, transmitted to the Senate on the 17th instant, may be misunderstood, I think it proper to state that it was not my intention to deny, in the said Message, the power and right of the Legislative Department to provide by law for the custody, safe keeping, and disposition of the public money and property of the United States.

Although I am well satisfied that such a construction is not warranted by any thing contained in that Message, yet aware, from experience, that detached passages of an argumentative document, when disconnected from their context, and considered without reference to previous limitations, and the particular positions they were intended to refute or to establish, may be made to bear a construction varying altogether from the sentiments really entertained and intended to be expressed; and deeply solicitous that my views on this point should not, either now or hereafter, be misapprehended, I have deemed it due to the gravity of the subject, to the great interests it involves, and to the Senate, as well as to myself, to embrace the earliest opportunity to make this communication.

I admit, without reserve, as I have before done, the constitutional power of the Legislature to provide by law the place or places in which the public money or other property is to be deposited; and to make such regulations concerning its custody, removal, or disposition, as they may think proper to enact. Nor do I claim for the Executive any right to the possession or disposition of the public property or treasure, or any authority to interfere with the same, except when such possession, disposition, or authority, is given to him by law; nor do I claim the right in any manner to supervise or interfere with the person entrusted with such property or treasure, unless he be an officer whose appointment, under the Constitution and laws, is devolved upon the President alone, or in conjunction with the Senate, and for whose conduct he is constitutionally responsible.

As the Message and Protest referred to may appear on the Journal of the Senate, and remain among the recorded documents of the nation, I am unwilling that any misconstruction, which are not contained in it; and that opinions should not be imputed to me, even through supposed to claim for myself, or my successors, any power or authority not clearly granted, by the Constitution, to the Executive.

Wherefore, respectfully to request that this communication may be considered a part of that Message, and that it may be entered therewith on the Journals of the Senate.

ANDREW JACKSON.

April 21, 1834.

Mr. Poindexter moved that this Message also be not received, and that certain resolutions, which he proposed as a modification of his motion that the original Protest be not received, be printed, intending, at proper time, to move their adoption.

A debate ensued, in which Mr. Preston, Mr. Forsyth, Mr. Ewing, Mr. Poindexter, Mr. King of Ga., Mr. Calhoun, Mr. Clayton, and Mr. Webster took part, and which will be given with all practicable despatch.

Mr. Clay then moved to lay the present subject on the table, in order to proceed to the consideration of unfinished discussion.

After a few words from Mr. Poindexter and Mr. Calhoun, at the suggestion of the Chair, that the two messages were to be regarded as one. Mr. Clay having withdrawn his motion, the Senate proceeded to the consideration of the unfinished business, being the special order.

Mr. Poindexter then modified his motion, that the paper be not received, by substituting a motion to adopt the following resolutions:

Resolved, That the President, in transmitting the paper which he did to the Senate, on the 17th instant, which he requested to be placed on its journals, as an Executive Protest, against a Resolution passed by the Senate, made a communication not authorized by the Constitution, nor warranted by that mutual interchange of communications which the discharge of official duties render necessary and proper between the Legislative Departments of the Government.

Resolved, That the President, in the paper above referred to, assumes powers in relation to the Senate not authorized by the Constitution, and calculated, in its consequences, to destroy that harmony which ought to exist between the co-ordinate Departments of the General Government: to interfere with the Senate in the discharge of its duties; to degrade it in the public opinion; and finally, to destroy its independence, by subjecting its rights and duties to the determination and control of the Chief Magistrate.

Resolved, That the communication of a paper of such a character, with the declarations that accompanied it, is a plain, an open breach of the constitutional rights and privileges of the Senate, and that it cannot be received by the body, without a surrender of the just powers confided to it by the Constitution, in trust, to secure the liberty, and promote the prosperity of these States, and which the members are bound to maintain under the sacred obligations of an oath.

Resolved, therefore, That the paper be not received by the Senate.

After the reading of a portion of the original protest, by Mr. Bibb, on the subject of the charge of the public money by the Executive, in order to show what were the statements which had been explained away by the supplementary message—

Mr. Ewing addressed the Senate at length, on the subject of the motion by Mr. Poindexter—

Mr. Kane then obtained the floor, but gave way while Mr. Wilkins moved to lay the motion on the table, and to proceed to the consideration of Executive business; which was negatived—ayes 19, noes 20.

Mr. Forsyth then moved to amend the resolutions, so as to introduce into the body of them the original protest of the President, and also the supplementary message, and asked for the yeas and nays on the motion.

This motion led to a discussion which occupied some time, and in which the motion was objected to, on the ground that the rule of the Senate required that every motion to amend a written proposition, should be submitted in writing. Mr. Forsyth then sent to the Chair the originals of the documents, which the Chair (Mr. King, of Alabama) decided to be a compliance with the rule. Against this decision, an appeal was made by Mr. Calhoun: but before there was any decision on the motion of appeal, The Senate adjourned.

IN SENATE—TUESDAY, April 22.

A communication was received from the Treasury Department, transmitting the report of the Register of the Treasury, giving the amount of foreign commerce during the years 1832 and 1833. 1500 copies were ordered to be printed for the use of the Senate. Mr. Calhoun presented a memorial for the Polish exiles in New York praying for a grant of land, which was referred to the Committee of Ways and Means. Mr. Poindexter's resolutions with Mr. Forsyth's amendment came up, and after a long and animated debate in which Poindexter, Webster, Clay, Forsyth, Chambers, Black, Bibb, Wright and Calhoun took part. The Chair, occupied by Mr. King, of Alabama, decided in favor of Mr. Forsyth's motion to amend. Mr. Poindexter appealed from the decision, but the Senate adjourned before taking the question on the appeal.

HOUSE—TUESDAY, April 22.

Mr. Cambreleng asked the unanimous consent of the House to present a memorial. He said that he felt assured that the House would with one accord grant leave when he stated that it was the petition of the Polish exiles. Leave was unanimously given.

After some explanatory remarks by Mr. Cambreleng.—The memorial was read, ordered to be printed, and referred to the Committee on Public Lands.

Mr. Polk, from the Committee of Ways and Means, made a report, accompanied by a letter from the Secretary of the Treasury, and a bill regulating the Deposites of the money of the United States in certain local Banks. The bill was read, and with the report, was referred to the Committee of the Whole on the State of the Union. The annual statement of the trade and navigation of the United States, was communicated—and on motion of Mr. Cambreleng, 10,000 copies were ordered to be printed. The Committee of the Whole took up the general appropriation bill and amended it.